Section 145B — Sentencing Act 2002: Manner in which amounts of reparation must be applied in cases involving different offences
Text of the provision Official document
145B Manner in which amounts of reparation must be applied in cases involving different offences (1) This section applies— (a) if a person (the liable person ) is required to pay an amount of reparation to a person or persons in relation to an offence; and (b) if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and (c) if both the amounts referred to in paragraphs (a) and (b) have not been paid in full; and (d) whether the requirements to pay the amounts referred to in paragraphs (a) and (b) arose before or after the commencement of this section. (2) For the purpose of subsection (1) it does not matter whether or not the offence referred to in subsection (1)(b) is of the same kind as the offence referred to in subsection (1)(a) . (3) Any payments received from the liable person must, in respect of 1 or more sentences of reparation or orders of reparation (or both) imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 145A if applicable)— (a) as between the persons in whose favour the sentences of reparation or orders of reparation (or both) were made; and (b) in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentences or orders (or both). (4) Any payments received from the liable person must, in respect of sentences of reparation or orders of reparation (or both) imposed on the liable person on different days, be applied (in accordance with section 145A or subsection (3) , if applicable) first in satisfaction of the amount of reparation that is payable to the person or persons in whose favour the sentence of reparation or the order of reparation (or both) was made first. (5) After the amount of reparation referred to in subsection (4) has been paid in full, any further payments received from the liable person must next be applied (in accordance with section 145A or subsection (3) , if applicable) to the person or persons in whose favour the sentence of reparation or the order of reparation (or both) was next made. (6) This section applies subject to any contrary direction by a court. Sections 145A to 145D were inserted, as from 10 April 2006, by section 4 Sentencing Amendment Act 2006 (2006 No 12).
Official source: legislation.govt.nz
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